You’ll Need Evidence to Prove Your Personal Injury Lawsuit

Your personal injury claim is only a statement without evidence. You can’t expect to receive compensation for any injuries and property damage stemming from an accident if you can’t back up the claim.

 Whether it’s an auto accident, medical malpractice, wrongful death, or product liability claim, you’ll need to provide evidence. So, what is considered essential evidence in personal injury lawsuits?

Regardless of the type of personal injury case, the required evidence is basically the same. Here’s a look at what’s considered essential evidence.

Types of Evidence in a Personal Injury Claim

You’re submitting a personal injury claim for a few reasons. You want to hold the defendant accountable for the accident and your damages. You also want to receive financial compensation. Accidents can result in hefty expenses like medical bills, and lost wages, along with property repair and replacement.

A personal injury claim is a civil matter, meaning that even if you file a lawsuit against the defendant, you’re still in civil court. However, just because it’s a civil case this doesn’t mean evidence isn’t necessary. You’re still required to prove your claim whether your case is settled in or out of court.

Police Accident Report
Most accidents resulting in injuries and/or property damage end up with the police on the scene. Whether you or someone else reports the incident, the authorities are usually involved. This is a good thing for your case.

However, if you and the other involved parties decide to skip alerting the authorities you can still file an accident report. Most states give you around ten days or so from the date of the accident to make an official report.

Why do you want the police report? Your accident report contains a lot of valuable information about the accident. In essence, the report proves the accident occurred. Without the report, some insurance companies may automatically deny your personal injury claim. If you decide to pursue a lawsuit, your personal injury case isn’t going to go very far without the report.

Getting a copy of your accident report is pretty simple. You should expect to pay a nominal fee, usually no more than $10. You should be able to order a copy online. This way, you can skip a trip to your local police station.

Medical Records
Yes, your medical history is considered privileged information, which means it’s no one’s business what’s in your medical files except for you and your healthcare providers. However, there is a time to open your medical files. You’ll need your medical records if you’re pursuing compensation for any injuries sustained in the accident.

Sharing your medical records with your attorney and the insurance company doesn’t mean letting them go back to your childhood. You’re only giving them access to relevant health information. This means any diagnosis and treatment relating to injuries stemming from the accident.

There can be an exception. Have you heard of the eggshell skull rule? If you have a pre-existing condition that makes you more susceptible to injuries, a defendant’s insurance company can’t use this to deny your claim. 

The rule also helps ensure you can seek compensation for any unseen complications that may arise as a result of the accident. If this applies to your personal injury case, you’re probably going to need to open your medical records a little bit further.

Pay Stubs and Bank Statements
Some accidents cause injuries severe enough to prevent you from immediately returning to work. This is considered an economic damage that insurance companies typically cover. Before you can include lost income in your personal injury claim, you’ll need to provide proof of your earnings.

Pay stubs are typically effective; however, if your pay is directly deposited into a bank account, your financial records will also suffice. This type of evidence is also necessary if you plan on filing for future lost income. You can only file for future lost wages if your medical records support your claim you’re unable to return to work.

Don’t be surprised if the insurance company isn’t willing to pay the full amount of your lost earnings. This is a common part of the negotiation process so be willing to work with the insurance adjuster.

Photographs and Video Surveillance
Some accident reports also contain photos of the accident scene, but not all. Some reports only have a diagram. 

If possible, try to take some pictures of the accident scene, any injuries you sustain, and your property damage. If your injuries are preventing you from turning into an amateur photographer, don’t worry. There’s other evidence that can help support your claim.

Don’t forget surveillance cameras are pretty much everyone. Even some traffic lights and intersections are equipped with cameras. Don’t forget about businesses and residences. Most have cameras as part of their security systems. There’s a good chance your accident is caught on video and this can be invaluable evidence.

Witness Statements
Not all accidents are witnessed by others but if yours is you have a source of evidence. Witness statements can provide additional support for your personal injury claim. You should find their names and contact details in your accident report.

If you talk to any witnesses on the scene, keep the conversation brief. Don’t discuss any details about the accident. The defendant’s insurance company will also talk to the witnesses and anything you say can be used against you. Your comments to any witnesses can affect your compensation amount.

Expert Opinions
If you’re able to settle your personal injury claim without filing a lawsuit, you may not need expert opinions. 

However, experts can help analyze the accident and back up the severity of your injuries, and their testimony can support your case.

Talk to An Attorney About Essential Evidence in Your Personal Injury Case

A personal injury claim needs more than your word, regardless of your integrity. You’ll need to supply supporting evidence. What type of evidence is necessary can depend on the type of accident and what’s included in your claim.

To help ensure that you have all of the evidence necessary to move forward with your claim, talk to an experienced personal injury attorney.